Florida Garnishment Law

Garnishment in Florida is governed by Chapter 77 of the Florida Statutes. It is the legal process a judgment creditor uses to collect money by directing a third party to turn over assets belonging to the debtor. The third party, called the garnishee, is typically an employer, bank, or anyone else holding the debtor’s property. Garnishment is one of the most commonly used post-judgment collection tools in Florida, and courts construe the garnishment statutes strictly against creditors. Procedural defects in a creditor’s garnishment can be grounds for dissolution even when the underlying debt is valid.

Florida provides some of the strongest debtor protections in the country. The head of household exemption shields qualifying wage earners from garnishment entirely. Tenants by the entireties ownership protects joint marital accounts from the individual creditors of either spouse. Strict procedural requirements under §§ 77.041, 77.055, and 77.081 give debtors multiple grounds to challenge improperly served or untimely writs.

How the Garnishment Process Works

A creditor cannot pursue garnishment without first obtaining a money judgment. Pre-judgment garnishment exists under limited circumstances but requires the creditor to post a bond. The post-judgment process begins when the creditor files a motion with the clerk of court and pays required fees and deposits. The clerk then issues a writ of garnishment directed at the garnishee.

The garnishee must answer the writ by disclosing what it owes the debtor or holds on the debtor’s behalf. A bank reports the account balance at the time of service. An employer reports the debtor’s wages. The debtor receives notice of the garnishment and has 20 days to file a Claim of Exemption asserting that the garnished assets are protected under Florida law.

If the debtor does not respond within the 20-day window, the exemption may be waived. The creditor can then obtain a final judgment of garnishment directing the garnishee to pay the funds to the creditor. Filing a timely Claim of Exemption is the single most important step a debtor can take after receiving a garnishment notice. Our article on how to respond to a garnishment walks through the response process and deadlines. Debtors who believe a writ was served improperly should also review our article on being garnished without notice.

Wage Garnishment

Wage garnishment in Florida is limited to 25% of disposable earnings or the amount by which weekly disposable earnings exceed 30 times the federal minimum wage, whichever is less. The creditor obtains a continuing writ of garnishment under § 77.0305, served on the debtor’s employer. The employer withholds a portion of each paycheck and remits it to the creditor until the judgment is satisfied or employment ends.

Higher limits apply for child support and alimony enforcement. The IRS uses its own calculation method under the Internal Revenue Code that can take a larger percentage than private creditors are permitted. Our article on garnishment limits breaks down the specific caps and calculations for each category.

The head of household exemption under § 222.11 provides complete protection from wage garnishment for a debtor who provides more than half the support for a child or other dependent, provided net earnings are $750 or less per week. Above that threshold, earnings can only be garnished with the debtor’s written consent. Whether independent contractors can claim this exemption depends on whether their compensation qualifies as “earnings” for personal services under the statute.

Bank Account Garnishment

Bank account garnishment in Florida freezes the debtor’s entire account balance up to the judgment amount at the time of service. There is no percentage cap on bank account garnishment the way there is for wages. The bank must perform an automatic review under 31 CFR Part 212 to identify and protect two months of directly deposited federal benefits, but all other funds are immediately at risk.

Head of household wages deposited in a bank account retain their exempt status for six months if the debtor can trace the funds to exempt earnings. Commingling exempt wages with non-exempt income in the same account makes tracing difficult and can weaken or destroy the exemption. Maintaining a separate account exclusively for wage deposits is the most reliable way to preserve traceability.

Digital wallet accounts on platforms such as Cash App, Venmo, and PayPal are subject to the same garnishment rules as traditional bank accounts. Internet banks and online-only financial institutions are also reachable through garnishment, though the creditor must identify the proper entity to serve, which may be a partner bank rather than the fintech company itself.

Non-Wage Garnishment and Specific Asset Types

A creditor can garnish accounts receivable, intercepting payments owed to the debtor by clients, customers, or other third parties. Non-wage garnishment is particularly relevant for self-employed debtors who do not receive traditional wages. Unlike continuing wage garnishment, a non-wage garnishment captures only what is owed at the moment of service and does not have a 25% cap.

Stocks and investment accounts can be garnished through writs directed at brokerage firms. Cryptocurrency held on exchanges is reachable through garnishment of the exchange as the custodial third party. Credit card processor garnishment targets business revenue by intercepting merchant account funds at the acquiring bank. A creditor can also garnish a debtor’s bank account held in another state by domesticating the Florida judgment in that state or by serving the writ on a bank with a Florida branch.

Key Exemptions from Garnishment

Florida exempts specific categories of income and assets from garnishment, but the exemptions are not automatic. The debtor must assert them by filing a Claim of Exemption within 20 days of receiving the garnishment notice.

Social Security benefits are absolutely protected from private creditor garnishment under 42 U.S.C. § 407. This federal protection applies regardless of the amount, though exceptions exist for IRS tax levies, federal student loans, and child support enforcement. Supplemental Security Income receives even stronger protection under a separate federal statute.

Other exempt categories include disability income, veterans’ benefits, retirement and pension funds, workers’ compensation, unemployment compensation, life insurance proceeds, and prepaid college trust funds. Child support deposited in a bank account receives protection based on judicial public policy rather than a specific statutory exemption.

Joint bank accounts present a distinct issue. When a garnishment targets an account held jointly with a non-debtor, the non-debtor’s funds should not be subject to the writ. The burden falls on the non-debtor to prove ownership of specific funds. Married couples in Florida can protect joint accounts through tenants by the entireties ownership, which shields the account from the individual creditors of either spouse under § 655.79.

Procedural Protections and Grounds for Dissolution

Florida’s garnishment statute imposes strict procedural requirements, and failure to comply with any of them can result in dissolution of the writ. Under § 77.041, the creditor must properly serve the debtor with notice documents within specific time limits. Under § 77.055, the creditor must serve the garnishee’s answer and a dissolution notice on the debtor. The writ itself must contain all required information and be properly issued by the clerk.

Under § 77.081, if the creditor does not file a motion for final judgment or dismissal within six months of filing the writ, the writ is automatically dissolved by operation of law. The creditor can extend this period for an additional six months with proper notice, but many creditors miss this deadline. Courts have consistently held that the six-month limitation is jurisdictional and cannot be waived. Our article on garnishment time limits covers the specific deadlines and extension procedures.

A debtor who receives a garnishment notice should review the writ and supporting documents for procedural defects before the 20-day response deadline. Common grounds for dissolution include defects in service, timing violations, errors in the writ, and failure to comply with statutory notice obligations.

Garnishment and Asset Protection Planning

Effective asset protection planning reduces garnishment exposure by structuring ownership before a claim arises so that fewer assets are reachable. Maintaining segregated accounts for exempt income preserves traceability. Tenants by the entireties ownership protects married couples’ bank accounts. Properly formed multi-member LLCs with charging order protection can shield business interests. Ensuring that the head of household exemption documentation is current allows the exemption to be asserted promptly if a garnishment is served.

The goal is not to evade legitimate debts but to ensure that the protections Florida law provides are properly implemented and can be effectively claimed when needed.